Court Updates

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing

When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy.

The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test

Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs

Public Bodies Can Censure Fellow Board Members for Conduct that is Detrimental to the Best Interests of the Public Body

Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller But Also to the Content of the Recording.

Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk.

Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing.

Cell Tower Location Allowed Where a Gap in Wireless Service Exists.

To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.

In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient

Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV

Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval

Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement

Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally

Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market

Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project

A Notice of Violation can Serve as the Initiation of an Enforcement Action and Also as the Basis for an Administrative Appeal

Planning Board Decisions Based on Zoning Regulations Must be Founded on Objectively Clear Zoning Non-Conformities

Written Legal Advice can be Subject to Disclosure under the Right-to-Know Law

Sullyville, LLC v. Town of Carroll